Brake, Hurco Autobend 7 Control Model# PH-30-12 S/N 5201
The following, as amended by any posted notices and/or oral
announcements during the auction sale, constitutes the
entire terms and conditions on which property listed in the
auction sale catalogue shall be offered for sale or sold by
Maynards, and any consignor of such property for whom
Maynards acts as agent. Maynards strongly recommends to all
bidders to thoroughly inspect all items before the auction
on which bidder intends to bid. Under these Terms and
Conditions, the term ?Bidder? and ?Purchaser? shall be
used
interchangeable and be one of the same.
1. Bidder acknowledges that an auction site is a
potentially dangerous place. Flammable, noxious, corrosive
and pressurized substances may be present, heavy equipment
may be in operation, and electric circuits may be live.
Every person at the auction site before, during and after
the auction sale, shall be deemed to be there at his/her own
risk with notice of the condition of the premises, the
activities on the premises, and conduct of third parties;
and the bidder shall so advise his/her agents and employees.
No person shall have any claim against Maynards, its
consignors, agents, employees, directors or principals for
any injuries sustained or for damages to or loss of personal
property, which may occur from any cause whatsoever.
2. As used herein, the term ?Bid Price? means the
price
at which a lot is knocked down to the Purchaser, and the
term ?Purchase Price? means the aggregate of (a) the Bid
Price, (b) the Buyer?s Premium and other surcharges, if
any,
and (c) unless Purchaser is exempt by law from the payment
thereof, any Federal, Provincial, State or local sales taxes
(or compensating use tax of another State), and any other
applicable taxes. Unless exemption from such taxes is
established to the satisfaction of Maynards, any Purchaser
claiming an exemption will be required to pay the tax to
Maynards and seek a refund directly from the taxing
authorities.
3. A sale to the highest Bidder shall be complete upon
the auctioneer?s call, with the highest Bidder purchasing
the offered lot, in accordance with all the conditions set
forth herein, including Purchaser (a) assuming full risk of
loss and responsibility thereof, see Point 8 below, (b)
immediately making a deposit of not less than twenty-five
percent (25%) of the Purchase Price, and (c) paying to
Maynards the balance of the Purchase Price in full within
forty-eight (48) hours after the auction sale for all lots
purchased. No lot may be removed until the Purchase Price
is paid in full for all lots purchased. To prevent
misdelivery and inconvenience in settlement of a purchase,
no lot may be transferred prior to removal by the Purchaser.
4. If the conditions herein or any other applicable
condition(s) are not complied with, in addition to other
remedies available by law to Maynards and/or its consignors,
including but without limitation, the right to hold the
Purchaser liable for the Purchase Price, Maynards may, at
its option, either (a) cancel the sale in part or in full,
retaining as liquidated damages all payments made by
Purchaser or (b) resell the property, either publicly or
privately, after three (3) days notice to the Purchaser and
for the account and risk of the Purchaser, and in such event
the Purchaser shall be liable to Maynards for any deficiency
if the resale is less than the Purchase Price, plus all
costs, including warehousing, the pro-rata share of expenses
of both sales including reasonable attorneys fees,
Maynards?
commission, plus all other charges due hereunder and
incidental damages suffered by Maynards or its consignor.
5. Only cash, wire transfer, bank draft or certified
check will be accepted as payment of the Purchase Price.
Personal or company checks may be accepted by Maynards, at
its sole option, on the condition that they must be
accompanied by a letter from the Purchaser?s bank
unconditionally guaranteeing payment of the Purchase Price
in full of items purchased.
6. Maynards reserves the right to withdraw any property
at any time before actual sale. Unless otherwise announced
by the auctioneer at the time of sale, all bids are per lot
as numbered in the catalogue. Lots may be combined or
divided at the auctioneer?s choice.
7. Maynards reserves the right to reject a bid from any
Bidder. The highest Bidder as acknowledged by the
auctioneer shall be the Purchaser. In the event of any
dispute between bidders, or in the event of doubt on the
part of Maynards as to the validity of any bid, the
auctioneer shall have the sole discretion either to
determine the successful bidder or to re-offer and resell
the lot in dispute. If any dispute arises after the sale,
Maynards? sales record shall be conclusive in all respects.
8. Purchase of any lot is at the Purchaser?s risk with
risk of loss immediately passing to Purchaser upon the
auctioneer?s call. Neither Maynards, nor its consignors,
have any liability of any nature whatsoever to Purchaser if
the lot is not delivered to Purchaser due to fire, theft,
damage, or any other cause.
9. All lots purchased shall be removed in their
entirety from the site at Purchaser?s sole cost and
responsibility and by the date as specified in the auction
catalogue or as posted or announced at the sale. No items
may be removed before termination of the sale. Removal
shall be at the sole risk and liability of the Purchaser or
Purchaser?s agent, and only after Purchaser has provided
Maynards satisfactory proof of insurance by Certificate of
Insurance or otherwise. Purchaser shall fully indemnify
Maynards and its consignors for any loss arising from damage
to any person or property caused to any extent by
Purchaser?s removal of the lots purchased.
10. Purchaser is solely responsible to secure all safety
equipment as may be necessary and prudent to meet all
government safety standards in using, operating or removing
lots purchased.
11. If Maynards or its consignor is unable to deliver
any lot or any necessary documentation required in respect
of any lot, their sole and exclusive liability shall be the
return of any monies paid on such lot.
12. Absolutely no warranty or representation, written or
oral, is given with any lot. All statements contained in
Maynards? catalogue, website, marketing material or by the
auctioneers, or in any bill of sale, invoice or elsewhere as
to description, size, quantity, quality, capacity, model,
serial number, measurements or condition, are approximated
statements and shall not be deemed to be representations or
warranties, oral or written, with respect to any lot. No
sale is invalid or made void by reason of any flaw in a lot
or by reason of a lot being incorrectly described, and
Maynards will not be liable and no compensation will be paid
for any such fault or error of description.
13. All property is sold ?AS IS, WHERE IS?. Neither
Maynards nor the consignor makes any representation or
warranty, oral or written expressed or implied, as to the
merchantability, fitness for a particular purpose, condition
of the property, correctness of the description, condition,
capacity, age or any other details used to describe the
property. Absolutely NO RETURN of sold goods, NO REFUNDS,
and NO EXCHANGES will be permitted.
See Full Terms And Conditions